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Can You Make an Offer on a Home That’s Pending Sale?

Congratulations! You’ve found your dream home! The only problem? Someone else found it first, and now the property is marked as “sale pending.” Does this mean you’ve missed your chance, or can you still make an offer? Let’s discuss what “sale pending” means and explore the options that might still be available to you.

What Does “Sale Pending” Mean?

When a home is labeled as “sale pending,” it means that the seller has accepted an offer from a buyer, and both parties are in the process of finalizing the deal. During this period, the home is typically removed from public listings and websites like Zillow and Redfin. However, the sale isn’t fully closed yet, which leaves a small window of opportunity for other interested buyers.

Even though you can’t formally submit a new offer while the home is in this status, there’s nothing stopping you from letting the seller and their agent know that you’re still very interested. This way, if the current deal falls through, you might be the next in line.

Understanding the Reality

It’s important to be realistic—only about 4% of homes marked as “sale pending” end up back on the market. In some states, laws prohibit sellers from backing out of a deal just because they receive a better offer. The buyer is usually the one with the power to cancel the deal if certain contingencies aren’t met.

A deal may fall apart for several reasons, such as issues found during the inspection, problems with the buyer’s financing, or the inability to agree on necessary repairs. For instance, if an inspection reveals significant issues like structural damage or a lien on the property, the buyer might decide to walk away. Alternatively, if the buyer can’t secure financing within the agreed timeframe, the seller may be forced to consider other offers.

Your Strategy Moving Forward

If you’re still interested in the home despite the “sale pending” status, here are some strategies to consider:

  • Express Your Interest: Reach out to the seller’s agent and let them know you’re ready to make an offer if the current deal falls through. This way, your interest is already on their radar, potentially giving you an edge if the property comes back on the market.
  • Consider Offering More: In certain locations, if the seller has the flexibility to entertain other offers, you might consider offering a higher price or better terms. For example, you could waive contingencies or accept the property “as is” to make your offer more attractive.
  • Incentivize the Buyer: If the seller is legally bound to the current buyer, consider offering the buyer a financial incentive to walk away. This could be the amount you’d planned to offer the seller or a similar sum to encourage the buyer to reconsider their purchase.

While the odds may be against you, it’s not impossible to secure a home that’s marked as “sale pending.” However, it’s crucial to perform your due diligence and understand why the original deal might have faltered. If you’re confident that the property is still a good investment, you might find yourself moving into your new home sooner than you think.

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